Radnofsky said that she voted against the amendment in 2005. At the time, she said, she did not realize that it contained what she calls a “massive error.” Radnofsky added that she believes the law will require either a new constitutional amendment or judicial activism.

Radnofsky laid the blame for the amendment at the feet of current Attorney General Greg Abbott, who is running for re-election. Radnofsky said that Abbott should acknowledge an error and then consider apologizing.

Kelly Shackelford, the president of the Liberty Legal Institute, a group that helped draft the amendment, called Radnofsky’s argument “silly.” Abbott’s spokesman Jerry Strickland also defended the wording of the amendment and said that Abbott will continue to defend its constitutionality in court.